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How Do I Sponsor My Spouse for a Green Card?

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If I’m a green card holder, can I sponsor my spouse for a green card?

Yes, as a lawful permanent resident (“green card” holder), you can sponsor your spouse, children, and unmarried sons and daughters (age 21 and over) for a green card under the family-based 2nd preference visa category. The first step would be filing the Form I-130 (the Form I-485 green card application cannot be filed until your visa priority date become current).

Unfortunately, the wait time for Green Card holders sponsoring their spouses is currently between 2.5 and three years, so it's not a very quick process. If you're not married yet, it might be worth considering a K1 Fiancé visa, which would allow you to bring your spouse to live with you sooner. A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreign citizen to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States.

How long will it take to get a green card through marriage?

If you are in the US and married to a U.S. citizen, the process to obtain permanent residence takes on average six to twelve months. The application requires submitting a comprehensive package to USCIS consisting of the Form I-130 (Petition for Alien Relative), which must prove the legitimacy of the marital relationship, and the Form I-485 (Application to Adjust Status), which inquires about such things as the foreign spouse’s status in the U.S. and prior immigration visas.

The other forms included in the application are the Form I-693 (Medical Exam), which contain the results of the foreign spouse’s required medical exam, and the Form I-864 (Affidavit of Support), which provides proof that the U.S. citizen can financially support his or her foreign spouse. The other forms that may be submitted include the Forms I-765 and I-131, which respectively grant the foreign spouse with employment authorization and permission to travel internationally.

If you have any further questions about how to sponsor my spouse for a green card or other immigration topics, please feel free to contact us and we can help you out.

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